Every person is competent to be a witness except as
otherwise provided in these rules.

Every person is competent to be a witness unless these rules provide otherwise.

EXPLANATORY NOTE

Rule 601 was amended, effective________________.

The essential thought underlying this rule is that, generally, the evaluation of a witness
should be made by the trier of fact, through a determination of the weight and credibility of
that witness' testimony, rather than by the prior imposition of standards of competency.
Thus, there are no standards put forth relating to mental or moral competency in these rules.
(Cf. State v. Oliver, 78 N.D. 398, 49 N.W.2d 564 (1951), wherein it was held that
competency is to be determined as a matter of law, considering the witness' intelligence,
ability to discern truth and falsehood, and recognition of the obligation of his oath.) The trial
judge will retain a certain amount of control over the "evaluation" of a witness in his review
of the sufficiency of the evidence.

Neither this rule nor any of the rules of this code contain a "Dead Man's" statute.
This
represents a departure from former North Dakota law. The former "Dead Man's" statute,
N.D.C.C. § 31-01-03, and by reference N.D.C.C. § 31-01-04 and N.D.C.C. §
31-01-05, are superseded by adoption of these rules.

Rule 601 was amended, effective ______________, in response to the December 1,
2011,
revision of the Federal Rules of Evidence. The language and organization of the rule were
changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules. There is no intent to change any result in any ruling on
evidence admissibility.